The Shepaug River - Legal Issues

Legal Issues

November 30, 2001 -- State Supreme Court Hears Appeal
Decision expected in early 2002.
February 16, 2000 -- Shepaug Lawsuit is Victorious!
Read the full text of the Judge's Decison.

Our River: A Brief Legal Update

This article was written in October 1998 for the Shepaug Current newsletter.
Edwin S. Matthews, Jr. is president of the board of The Shepaug River Association and a partner in a New York City law firm.

by Edwin S. Matthews, Jr.
The Shepaug River gives life to our towns, our land and to animals, plants and fish. It offers beauty to our lives each day. For years it has been dangerously low because the City of Waterbury takes most of its water. Waterbury diverts large quantities of water from its dam at the headwaters of the Shepaug through a long tunnel under Bantam Lake to Waterbury. Without water, the Shepaug all but dries up and dies every summer.
Concerned citizens have tried to deal with Waterbury and save the river, as yet to no avail. In the early 1990's, a committee from Washington studied the river's water shortage and asked Waterbury to release more water to the river. Waterbury refused. In 1995 efforts to save the Shepaug were taken up by the Shepaug River Association. The Association is made up of volunteers from Roxbury and Washington, the Steep Rock Association, the Roxbury Land Trust, the first selectmen of the two towns and many others. Since then, the Association, including Washington's First Selectman, have been working overtime to try to get Waterbury to agree to release enough water from its dam to save the river. Sadly, Waterbury has refused to negotiate.
Faced with Waterbury's refusal, in 1996 the Connecticut legislature set up a task force, to study the river's problems. After many meetings and after hearing evidence from all concerned, including Waterbury, the task force found that Waterbury was responsible for damage to the ecology of the river and recommended that the City negotiate a settlement of the river's problems. Waterbury still refused, which left friends of the river with only one choice.
In 1997 the Association, along with the land trusts and the towns of Washington and Roxbury, took Waterbury to court. The legal action was unanimously endorsed by the citizens of each town and the boards of the land trusts. Over the past year, the legal proceedings have bean moving forward. At this time we can report:

The case has been assigned to special docket for complex litigation. Beverly Hodgson from New Haven, an experienced, respected judge, is assigned to hear the case;

A trial date has been set for December 1999;

The court has given us free access to Waterbury's records and personnel which has permitted us to confirm that Waterbury has excess water that could be released to the Shepaug without affecting its water supply;

It now appears that except in periods of extreme drought Waterbury does not have to take any water at all from the Shepaug in order to meet its needs for water;

We discovered that Waterbury has been violating its 1921 agreement with the Town of Washington by taking more water than it needs and selling it to towns not included in the contract;

We also discovered that Waterbury has been violating Connecticut's environmental protection law by damaging the Shepaug when its has other sources of water.
The legal battle to save the Shepaug is taking lots of time and money, but hundreds have generously contributed to this cause. Thanks to the concern of the many people who love this river and have been ready to support the fight, things are looking up for the river. We hope that the Shepaug River will soon be running full as it used to run.
Contributions to this 501(c)3 not-for-profit Connecticut corporation are tax-deductible and may be sent to:
The Shepaug River Association
P. O. Box 279
Washington Depot, CT 06794